DiPietro v. Clark

Banks J.

This is apetition to establish a draftreport brought by the plaintiff who was the prevailing party in a small claims action adjudicated in the Haverhill Division.

The plaintiffs draft report sought appellate review solely of the adequacy of the $15,848.08 damages awarded by the court in the small claims session upon the plaintiffs claim for motor vehicle property damage in the amount of $35,000.00. The draft report was “denied” by the trial court

1. In instituting this action as a small claims case, the plaintiff forfeited certain appellate rights which he might otherwise have claimed.…